HomeMy WebLinkAboutMINUTES - 09102002 - C21-C23 ce oil
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on September 1.0, 2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, DoSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 200215 34
SUBJECT: Approval of Road Improvement Agreement for Culvert#4,RA 1129(cross-reference
Subdivision 7976)being developed by Windemere BLC Land Company,LLC,San
Ramon (Dougherty Valley) area. (District III)
The following document was presented for Board approval for Culvert#4,Road Acceptance
file RA 1129 (cross-reference Subdivision 7976) property located in the San Ramon (Dougherty
Valley) area, Supervisorial District III.
A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement, within one year from the date of said agreement. Improvements generally consist of
drainage improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
WL:cw taken and entered on the minutes of the Board of Supervisors on
G:\GrpData\EngSvc\BO\2002\9-10-02\RA 1129BC>-IS.doe the date shown.
Originator: Public Works(ES)
Contact: Warren Lai(313-2408)
ATTESTED. September 14, 24012,
cc: PubiCu're works- T.Bell,tunny Construction
JOHN SWEETEN Clerk of the Board of Supervisors and County
CtuTent Planning,Oonmsunity Development i �
T—June 2003 Administrator
Windemere BLC,LLC
Atm:Brian Olin
3130 Crow Canyon PL,#1310 6-
San Ramon,CA 94583
St.Paul Fire and Marine Insurance Company By ,Deputy
Atm:Patricia H.Brebner
333 City Blvd West,(#1100
Orange,CA 92868
RESOLUTION NO.2002/ 5 3 4
SUBJECT: Approval of Road Improvement Agreement for Culvert#4, RA 1129 (cross-
reference Subdivision 7976)being developed by Windemere BLC Land
Company, LLC, San Raman(Dougherty Valley) area. (District III)
DATE: September 10, 2002
PAGE: 2
I. Cash Band
Performance Amount: $7,300.00
Auditor's Deposit Permit No.''DP391077 Date: August 7, 2002
Submitted by;,`'''Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16
II, Surety Bond
Band Company. St. Paul Fire and:Marine Insurance Company
Bond Number and Date <>SV9446,July 26, 2002
Performance Amount: $721,700.00
Labor&Materials Amount: '$364,500.00
Principal: Windermere BLC Land Company, LLC
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/534
&QA13 WEROVEMENT AGREEM
Developer; Windettnere BLG Land Company,LLC Effective Tate: 4 �� 1 S
Development: RA 1129(cross-reference SUB 7976) Completion Period: T year
Road: Windermere Parkway Culvert No.4
DEVELOPER:;WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PAR'T'IES'AGREEMENT HERETO; A California limited liability Company
By:LEN-OBS Windemere,LLC
C-0-NMA COTACOUNTY A Delaware limited liability Company
Maurice M.Shiu,Public Works Director ° By:Lennar Homes of California,Inc.,
Managin ember
By- � � {signature} _
(print name&Title) Dern Larson,Vice President
MOOMMENDED 1 OR APPROVAL By: �. (signature)
1z _
Engineering 5e is s Divis on (print name&Title) Lynn Jochim, t.Secretary
EQRM APPROVED: Victor J.W estman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
I. PARTIES&DAJE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup ,"and the above-mentioned Dev Iter,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on
file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECU2IT . Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guara t;tee: $7,300 cash,plus additional security,in the amount of$721,700,which together total one hundred percent
(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$364,500,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in
the form of:
Cash,certified check,or cashier's check
`?X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with 5944,406 and 5944.408 of the Ordinance Code.
4. GUARAN�E_ AI3 WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the
Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after
the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
7. MQ WAIVER BY COCJNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions clugsing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. fon-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the
alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. CO–STS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,eta)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
H. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms ofthis agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof.
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
— County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
CL:lap
G:1GrpDatalEngSvc\ChxisTrojects\Windetmre Phase I\RA 1129 ACs-24Aoc
Rev.April 6,2000
_..........................................................._......
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
r�
ss.
County of . ,
pn . $ before me, � ✓
Gate Name and Title of Office,(e,g.,"Jane Notary P bfio"}
personally appeared�-_10
Narne(sj of Sf Aer{a) )
personally known to me
(❑ proved to me on the basis of satisfactory K
evidence
lob
kRA.C1 R. RAN'DALL i
d C�^srnrr is!aon# 1242314
to be the person(s) whose name(s) dare
onaubl -California
subscribed to the within instrument and
�' S\ Aarvsetira county
N � acknowledged to me that fWs /they executed a
` `�r `x�'` '� ,2MA3
the same in gfPtttftheir authorized
capacity(ies), and that by */h rl#heir
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand d official seal.
Z(
Race Notary Seal Above 6-
OPTIONAL gVP/lCNAL
x Though the information below is not required by law,it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
t� Document Date: Number of Pages: )
Signer(s)Other Than Named Above: �-
Capacity{les) Claimed by Signer
Signer's Name:
OMNI
n Individual _ rap of thumb here
CJ Corporate Officer---Title(s):
O Partner —❑Limited ❑General '
❑ Attorney in Fact
M ❑ Trustee
❑ Guardian or Conservator
El Other:
Signer Is Representing:
C 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402 Prod,No.5907 Reorder:Calf Toll-Free 1.800-878-8827
COUNTY OF CONTRA COSTA ;-
DEPOSIT PERMIT
` OFFICE OF C0UNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
�TI ' > ORGANIZATION NUMBER
(Clrganimtion}
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG. A B, TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: �n � _ � �- � � � �� �� � � �� �.f � � DEPOSIT TOTAL _4
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s a ' ' �j 4 ✓� Deposit consists of the following items
COIN and CURRENCY $
s a'3 r+,1'_;' s 1 ( 3 ✓ ,: } s
CHECKS,MCEC $ s7,C ` ',
Aft}L'
BANK DEPOSITS $
+� FOR AUDITOR-CONTROLLER USE ONLY
i' f�s4 ' '' : ? /:'i r l+ t. DEPOSIT
:. PERMIT
NUMBER
DATE 2 g x
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above aunt is hereby
deposit into the County Treasury. acknowledged. jl
Sited, k v a
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j Signed: 3= "'.. '. ._+�,�'+..:•--s' } Signed: . � r .1 :..-...-^�w..._...,�..:... i
Tittle.. `i t: : t`^ r _ EXT. a f' Deputy County Aydit4 Deputy County Treasurer
D•34 REV.{7=93} E
r
COUNTY OF CONTRA COSTA
DEPOW PERMIT
t.r OFFICE bFra. )UNTY AUDITOR-CONTROLLER
,JRER: MARTINEZ,CALIFORNIA
,-ROM
ORGANIZATION NUMBER w `r
{C7rgernaz�onJ
(For Cash Collection Procedures see County Adm'inistrator's Bulletin 105.)
DESCRIPTION FUNDJORG. SUIL ACCT. TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL $ #
DEPOSIT #
Deposit`togsists of the following stens
COIN and CU1k_RE CY.. . $
CHECKS,M.O.,ETC.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
PERM IT ( � ';, / U
NUMBER
V_. `1
DATEASSIGNED /
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of jo'cve amount is hereby
deposit into the County TIF-easury, ocknawledgid.--
Signed. / { s# Date -f�Zt
f Signed: n ( a c' ? Signed:
Title ,: .t ` .. f: C EXT ~': .c Deputy ounty Au0or I Deputy County Treasurer
D-34 REV.(7-93) {
000649-9665 / 831000: 61107753, 1500.00, RS 2690 Record of Survey
Map Check Fee, Jon B. Rogers, 3370-A McGraw Lane, Lafayette, CA 94549
000649-9665 / 831000: 61107754, $500.00, RS 2691 Record of Survey
Map Check Fee, James P. McClure, 1179 Glen Road, Lafayette, CA 94549
000649-9665 / 831000: 61107767, $1,000.00, SUB 8549 Major Sub Plan
Check Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507
000649-9665 / 831000: 61107769, $23,490.00, SUB 8669 Major Sub Plan
Check Fee, Brookfield Ambridge, LLC, 5960 Inglewood Drive, Suite 200,
Pleasanton, CA 94588
000649-9665 / 831000: 61107772, $2,000.00, DA 0013 Drainage
Accelerated Review, Windemere BLC Land Company, LLC, 3130 Crow Canyon
#310, San Ramon, CA 94583
000649-9665 / 831000: 61107774, $2,000.00, DA 0009 Drainage
Accelerated Review, Windemere BLC Land Company, LLC, 3130 Crow Canyon
#310, San Ramon, CA 94583
000649-9665 / 831000: G1094033, 500.00, FC 607-021 J.P. Morris & Co.,
Inc., PO Box 560, Alamo, CA 94507
000648-9140 / 812100: 61107767, $1,554.00, SUB 8549 Drainage
Mitigation Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507
819800-•0800: G1107771, $7,300.00, RA 1129 Surety, Windemere BLC Land
Company, LLC, 3130 Crow Canyon#310, San'Ramon, CA 94583
819800-0800: G1107773, $5,000.00, DA 0013 Performance Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA
94583
Bond No.: SV9446
Premium: $1,M
Development: RA 1129(crass-reference SUB 7976)
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along ` indemere Parkway Culvert No. 4 to complete said work within the time
specified for completion in the Road Improvement Agreement, all in accordance with State and local laws
and rulings.
2. OBLIGATION: Wndemere BLC Land Company, LLC ,asPrincipal and
St. Paul. Fire and Marine*a corporation organized under the laws of the State of Minnesota ,
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows:
*insurance Company
A. Performance: Seven Hundred Twenty-One Thousand Seven Hundred and 00/100 Dollars
($721,700.00)for itself or any city assignee under the above County Road Improvement Agreement,
plus
B. Payment: Three Hundred Sixty-Four Thousand Five Hundred and 00/100 Dollars
($364,500.00)to secure the claims to which reference is made in Title 15 §§et seq.of the Civil Code
of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
or principal's heirs,executors, administrators, successors or assigns, shall in all things stand to and
abide by and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa or city
assignee,its officers, agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable casts,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein.rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on July 26, 2002
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes of California, Inc. ST. PAUL FIRE AND MARINE
PRINCIPAL: its manager SURETY: INSURANCE COMPANY
Address: 3130 Crow Canyon, Suite 300 Address: 333 Cite Blvd. 'Fest, #1100
City: San Ramon CA 04583 City: Orange, CA 92868
Print Name: David E ns, dice President Print Name: Patricia H. Brebner
Title: Title: Attorney-ire-Pact
Cindy rescan, sst Secretary
:mW
G.1(i LSa E, 5vc1Fomts\BN W4RDTN-9.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 29, 2002 before me, S. McDonald. Notary Public, personally
appeared Cindy Thompson and David Evans, personally known to me to be
the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the person or the entity upon
behalf of which the persons acted, executed the instrument.
Witness my hand and official seal. r �;
way per„
• � ? 'Fr .
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officers Lennar Homes of California Inc.
Cindy Thompson—Asst. Secretary
David Evans—Vice President
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. SV9446
Number of Pages: Two (2)
Date of Document: July 26, 2002
Signers (ether than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of Cafi fornia
County of Orange
On .July 26, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER($)
personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
ExSH, si'6z,N
carr nission9 1306 ?S
tarNoWITNESS my hand and official seal.
s ,c <E. r,f,a
Orange roumy
� M;Comm ;WX�If"eS,£tsr:1,2�05
SIGNA I URE O OTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Q INDIVIDUAL
[� CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
Fj PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
F] GUARDIAN/CONSERVATOR NUMBER OF MAGES
E] OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSONS)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4M71 EEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Reaunet Ave.,P.O.Box 7184•Canoga Perk,CA 94308-7184
ePaul POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
3 St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
t St.Paul Mercury Insurance Company
c
Power of Attorney No. 22775 Certificate No.
1401116
KNOW ALL MEN BY"THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duty organized under the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, �
Inc.is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby:Hake,
constitute and appoint
James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
of the City of COSta Mesa State California their true and.lawful Attorney(s,-in-race,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments it. the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October ,2001
i
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
FiR[6� N.M.F t`,xSUq 'tom Y
* i
s R"ORVO,, Y �.�epPORRT:C
m c F`Y
PETER W.CARMAN,Vice President
seAL/",I �ystaaaae ess iS77� 1951
State of Maryland
City of Baltimore THOMAS E.HU?BREGTSE,Assistant Secretary
On this 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W. Carman and
Thomas E. Iluibregtse,who acknowledged themselves to be the Vice?resident and Assistant Secretary, respectively,of Seaboard Surety Company,St. Pau; Fire and
Marine insurance Company,St.Paul Guardian insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof I hereunto set my hand and official seal. p�r�Ri
��. UBC St f
My Commission expires the ist day of uly,2006. �o REBECCA BASLEYONOKALA,Notary Public
�E Ci1't
l
E
3
86203 Rev.7-2002 PrInled In U.S.A.
This Power of Attorney is granted ander and by the authority of tae foilowing resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire and Marine Insurance Company, St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company,Unified States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty insurance Underwriters,Inc.on September 2, 1498,which resolutions are now in titll force and
i effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance bt:siuess of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be sig ed executed and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or al..Assistant Vice President,jointly with the Secretary or an Assistant Secretary, s
under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of eacf of the foregoing officers and
the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power se
executed and certified by such facsimile signature and facsimile seal shallbe valid and binding upon the Company with,respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attorney's)-in-Fact shall have the power and authority, and, it.any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the sea!of the Company to any and all bends and undertakings,and ot:.or
l writings obligatory in the nature thereo,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and scaled and attested to by the Secretary of the Company. s
k,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St,Pani Guardian Insurance Company,
St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company.and Fidelity and Guaranty insurance
Underwriters,inc.de hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and er'fect and has net been revoked.
IN TESTIMONY WHEREOF.I hereunto set my hand this 26th day of Jury 2002
7Z
4 0eSEAL�cn 3SSlLLrDa° "uS 696 7 < �. f �
�'tkiJ:¢" ysjF
Thomas F. Hui$regtse,Assistant Secretary
Secretary
7o verify the authenticity of this Power ofAttorney,call 1-800-421-3880 and ask for the Power offfttorney clerk. Please refer to the Power oJ'A Corney member,the
{ above-narated individuals and the details of the band to which the power is attached.
l
l
............................................................................................................................................................................................................................................................................................................................
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on September 10, 2002 by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: Nome
ABSTAIN: None
RESOLUTION NO, 2002/ 5 3 5
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 8456
(Sandy Cove Shopping Center) being developed by Pacific/Bowie-Tracy II,
Byron area. (District"
The following document was presented for Board approval this date for, SUB 8456
located in the Byron area.
A Subdivision Agreement (Right of Way Landscaping) with Pacific/Bowie-Tracy II,
developer, whereby said developer agrees to complete all improvements as required in said
Subdivision Agreement (Right of Way Landscaping) within one year from the date of said
agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $2,400.00
Deposit made by: Pacific/Bowie-Tracy II
Auditor's Deposit Permit No. and:Date: 387891 June 11, 2002
CL.cw I hereby certify that this is a true and correct copy of an action
G:\Cop€data\Engsvc1Bb12002\9-10-02\SUB 8456 Bo-16.doc taken and entered on the minutes of the Board of Supervisors on
originator- Public Works(ES) the gate shown.
Contact. Rich Lierly(3i3-2348)
ATTESTED: September 10. 2002
ee: Public works- T.sell,Construction JOHN SWEETE•I\T,Clerk of the Board of Supervisors and County
Current Planning,Community Development
T—b-13-03(Pl) Administrator
Pacific/Bowie-Tracy II
One Corporate Plaza,2"d Floor
Newport Beach,CA 92560
ATT:David Powell By 4 Deputy
American Motorists Insurance Company
7470 N.Figueroa
Los Angeles,CA 90041
ATT:Patricia white
RESOLUTION NO.2002/ 5 3 5
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 8456
being developed by Pacific/Bowie-Tracy II, Byron area. (District III)
DATE: September 14, 2002
PAGE 2
II. Surety Bond
Bond Company: American Motorists Insurance Company
Bond Number and Date: 3SM 04686500,June 5, 2002
Performance Amount: ,$232,000.00
Labor&Materials Amount: $117,200.00
Principal: Pacific/Bowie-Tracy II
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
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,- ! la+:.!'4.:! MM+ ..f•,' t A }. 'wm� �r t %-a "• !x ! A•bS �f R 4 f 1 � f'.' r �h;. F♦t � t k., .:.a.:
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f! ::rw i:S`.Yw h, a 4 k Ma }.;.;i< F t ;. # t !:. :'.f ! R b• :.:tl - � a f _ xl: ra t; S k
4. AND Subdivider guarantees that said work shall be tree from defects In'matef or
workmanship and shall perform satisfactorily for a of one-yearfmm and`afberthe Board of Supervisors accepts the work as complete in
accordance with Article 90-4.5,"Acceptance",of the Ordnance Code. Subdvk1w agrees to correct,repair,or replace,at his expense,any
defers In said work
The guarantee period does not apply to road Improvements for private roads which are not to be accepted into the County road
system.
5. gffAW%WAa=RK S to mentwwkforian undwthboge hent.
Said plant entwond shoo consist:of adoquatelywatering plants,replacing unsuitable plants,doingweed,rode ntand o therpeetao nftl
and other work determined by the Pubic Works Departmentto be necessaryto insure establishmentof plants,Said plaint estabtishmennt worts
shall be performed for a period of one-ys r from and after the Board of Sudor* the work as complete, At the discretion of the
County,bid may be released aftr Mal acceptance of landscaping Improvements by the County.
$. NEWYEMEKEjM WAR Subdividerwarrantethe improvement plans for the work are adequate tothev rk
as promised an Becton 2 arta as required by the Conditions of Approval ton the Subdivision. 9,at any time before the Bossrd' Supetvisom
accepts the work as complete or during the one-yew Guarantee period, said improvement pians prove to be equate in any respect
Subdivider stmt/make whatever changes am necessary to accomplish the work as promise
7. jyQ !( I COUNTY. Inspection of the work and/or matetts*or approval of work and/or or stden aM by any ofter,
agent or emproyee dime County Indt�tng the work or any portthereof complies with the requirements of this Agreement,or acceptance of the
whole or any part of said work and/or materials,or psymerits,therefor,or any combination or all of theses acts,shall not Move the Subdivider of
hit obligation to AN this agreement as prescribed;nor shat{the County be twereby be strapped from bringing any action for damages arising
from the failure to comply with any of the terms and conditions hereof.
& INDI=MNCCY: Subcs&W stead hold harmless and I ndwrdy the Indemnliese from the kbMW as del lned in this section:
A. The laomnities benefitted and protected by this promise are the County, and its spm dMict elective and appointive
boards,commissions,ofters,mita,and employees.
B. The" p= *"any any or claim for damage of any kind allegedly suffered,incurred or ed
because of actions d ,and ihclu g personal injury,death,proporlydamagej inverse condemnation,or any combination ofthese,
and regardless of whether or not such lathy,claim or damage was unforeseeable able gat any time before the County reviewed said Improvement
plans r accepted the work as compile,and including the defense of any suits),action(s),or other proceeding(s)c oncw surd kbgin NO
C. The B dna dr NabNiEay are any actor omission(neogent or non-negligent)in connec lon with matters by this
Agreement and st;9U9 �xe to the aubciivwer.contractor,subcontractor,or any after,agent,or employee of one or more of theta;
D. Ngi ,o
The promise avid th this sseetion are not condi�drneeri or dependent on whetbter or not any
Indemmee has prepare ,supp�tedr any s)arspsc icetton(s)in connec do wvilh tdtis vvrsrk or But ra,or hay irusurance or
other Indemnification covering any of these matters,or that the aiteg+ed damage resukiead partly burn any negligent or vs ui misconduct`of any
Indemnity.
9. CQ § Subdivider shy pay when due,all the costs of the work,inducing inspectlons thereof and ung eking WWJee required
thereby.
10. Sub shag asst and adablish survey monuments in accordance with the filed map and to the sedefection of the
County Road Commissioner-Surveyor before acceptance of any work as complete by thea Board of Supervisors.
11. QGE A till GbS� S: 9 Subdivider fails to complete the work within the time specked In We A4grssment and
subsedlttent s�ott*,or raise tomain n the work,the County mayroceerd to complete andfor maintain"work by contrect or otherwise,
and Subdivider gees to pay all costs and charges incurred by the County(including,but not limited to, engineering,Inspection,surveys,
oontm4 overhead,etc.)Immediately upon demand.
Subdivider hereby tibons the ssubo�slon property by the County and itsforces,Including contractors,in the event ate
County proceeds to complete and/or maintainthe work
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costa incurred by the County,even if
Subdivider subsequently c ompWas.the work
Should County sue to compel performance under this Agreement or to recover costs Incurred In Completing or maintaining#Rework,
Subdivider agrees to pay all attorney's files,and al other mWase of litigation Incurred by County In connection therewith,even t Subdivider
subsequently proceeds to complete,the work.
12 ( %^gyp^i;tAT34NlANNEXAPON., It,before the Board of Supervisors accepts the work as complete,tt►e subdivislon Is Included In
territory incorporated asasmaty oror is annaxea to an existing city,the County*rights under this agreement and/or any deposit,bond,or letter of
credit securingg'ssid rights shag be transferred to the new or anne ring �y, Such city shag have al the nights of a third/party betedclar y against
Subdivider, she# all the terms of this agreement as though Subdivi der had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall avow Subdivider to file and record the Final Map or Parcel Map for sold
Subdivision.
mip
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}
STATE OF CALIFORNIA }ss.
COUNTY OF orange }
On August 6 , 2002 , before me, Julie Ann Edmiston ,
personally appeared Dennis M. Berryman
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature "� �� n `-�
JULIE ANN EDkitISTOtN
_ Carnmiasian#124 016
7
NoWiry Public-Cailifamia y
imnge County
VMVComrn.EVhwDec25,2003i
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of grange
On June 5, 2002 before me, Susan E. Linder, Notary Public,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NO`v ARY PUBLIC'
personally appeared Arn K. Youngman
9
NAME(S)OF SIGNER(S)
rill
personally known tome - OR -
to be the person( whose name( is/
subscribed to the within instrument and ac-
knowledged to me that he/sheer executed
the same in his/ � authorized
capacity(ie-s), and that by his/-lne�t
SUSAN E.LINDER signature(( on the instrument the person(,
Commission*i315gi3 or the entity upon behalf of which the
Notsry Public-Calitamf
C)rangeCounty � person(p) acted, executed the instrument.
my CMIMI,EXPlres Jul 31,2005
WITNESS my hand and official seal.
t ,s
7
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
j 4 fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT �
INDIVIDUAL
! i CORPORATE OFFICER Subdivision Agreement — giscovery
TITLE OR TYPE OF DOCUMENT
TITLE(S)
LJ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING-
NAME OF PERSON(S)OR ENTITY(IES)
€
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURERS
MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
fOrganizc++`wn? ,5
r
(For Cash CallediortProcedures see County Administrators Bulletin 105.)
DESCRIPTIONFUNDJORG SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
$ tf i
-`fit 0 } r i
3
V191 A57!
Ail
' c
I 11C
4L 7`1
pit
1 /V 1'` f
F
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i
EXPLANATION. A3 t.. � �: w. G1o; _:)36 DEPOSIT :
Deposit consists of the following items
+ � 5 COIN and CURRENCY $_ 1 r
CHECKS,M.O.,ETC. $ �r
BANK DEPOSITS $
r f" FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE ���i�p�3 Jql i
ASSIGNED >
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount,is hereby
deppsit into,the Count Treasury. ackno edged.Date
,r Signed:
Titter %/,r � �LVZ-EXT. d69t ' itor Deputy County Treasurer
D-34 REV(7-93)
000649-9665 / 831000: 61093300, $14,048.00, SUB 8456 Landscape
Inspection Fee, Pacif is/Bowie - Tracy II, P4 Box 3060, Newport Beach, CA
92658
Y
819800-08030: 61093299, 400.0,' SUB 8456 Landscape Performance
Bond, Pacific/Bowie - Tracy II, PO Box 3060, Newport Beach, CA 92658
h
Subdivision: SANDY COVE SHOPPING
Bond No.: 3SM04686500 CE TER
Premium $3 , 480 . 00
ImPR.owmm SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California.Coveriment Cade Sections 66462 and 66463)
1• R crrAL OF SUBDpw x Ac EM: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping,and:other related improvements in Subdivision SANDY COVE
SHOPPING CENTER*643454, as specified in the Subdivision Agreement (Flight of way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement(Right of way
Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel XUp for said.Subdivision.
2. OBLIGATION.. PACIFICIBOWIE-TRACY II asPrinc�and
AMERICAN MOTORISTS INSURANCE COMPANY a corporation organized existing under the laws
of the State of ILLINOIS and authorized to transact surely business in California,
as Surety, hereby jointly and severally bind ourselves,our heirs, executors,administrators, successors, and
assigns to the County of Contra.Costa., California to pay it:
A. Performance and Guarantee: TWO HUNDRED THIRTY TWO THOUSAND & N01100
Dollars(S' 2 3 2,0 0 0.0 0- - - - - - -I for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: ONE HUNDRED SEVENTEEN THOUSAND TWO HUNDRED & N0/100- -
Dollars($ 117 , 2 0 0. 0 0 - - - - - -)to secure the claims to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CTs _
A. The Condition of this obligation as to Section 2.(A)above is such that ifthe above bounded Principal,
his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof.made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra.Costa (or city
assignee),its officers, agents and employees, as therein stipulated,then this obligation shall become
null and void-,otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon ofany kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor,that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)ofPart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond,and consent is hereby
given to make such alteration without further notice to or consent by Surety,and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard to
and independently of any action against Principal whenever taken.
SIGNED A;ND SEALED on JUNE 5, 2002
AMERICAN MOTORISTS
pR,INGZPAL: PACIFIC/BOWIE-TRACY SUMTY: INSURANCE COMPANY
Address: One Corporate Plaza, Second FloorAddress: 7470 N. Figueroa
City: Newport Beach,CAZip: 92660 Ci . Los Angeles, CA Zip: 90041
By; By.
Print Name: y <`r A Print Name: PATRICIA M. WHITE
Title: —_ �� `i° Title: ATTORNEY IN FACT
mw
,PMIVSHARDATA\GM)sia&Tw&Svc\Fo=m B:V WURDW-I2A.doc
Rev.Am 17.1999
AME
i
}
STATE OF CALIFORNIA }ss.
COUNTY OF grange }
On August 6 . 2042 , before me, Julie Ann Edmiston ,
personally appeared Arn K Youngman
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature °�.. _ rt
.!UL1;E ANN E=ISTC3N
_ Commission*1247016 T
Notary Public-Cawomia
Orange County
MyComnt.EXVkW Oac25,2003
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3003(1/94) (General)
First American Title insurance Company
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On JUNE 5,2002 before me, DOLORES MUIR, NOTARY PUBLIC
PERSONALLY APPEARED PATRICIA M.WHITE
personally known to me
&oid )to be the person(.)whose name(a)isle subscribed to the
within instrument and acknowledged to me that kWlshelthey'executed
the same in kislherliheir authorized capaciiy(ieoq�,and that by h4lherlAeir
signature(e)on the instrument the person(st or the entity upon behalf '
' _ '
of which the person(s�acted, executed the instrument. DOLOR MUIR
COMMISSiON*M4260
,( � .'• :� fda:Hr!'Pum=tic G�sirn#� �a
y hand and eal. t •. P �° '�NF t r3t�v°t
WITNESS my Y Uat 3rlsd#rocs F:xplr��
MAY 23,2004
Signature
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
L❑-. CORPORATE OFFICER BOND
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL -1-
ATTORNEY-iN-FACT NUMBER OF PAGES
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑ OTHER: JUNE 5,2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON{S)OR ENTITY(IES)
AMERICAN MOTORISTS INSURANCE COMPANY
NIA
SIGNER(S)OTHER THAN NAMED ABOVE
IO-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be
affixed by their authorized officers, this October12, 2001.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
�Wd�`+1 �+tl,at.tgRC Ihsyr�
V
6 f1 Mn MUM g
IXC Boralm COAL r GGRidRAT1GX
aariu uu
oh K. Conw�rportaryGary J. Iy, nior Vice Pres` t
STATE OF ILLINOIS SS
COUNTY OF LAKE SS
1, Maria 1. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to
me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the
Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of
Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged
that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument
as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and
purposes therein set forth.
"OFFICIAL �S�q,E�.�sAL"
MARIA 1.OM. ORI
1I
NMAN`i KALIC,STATE OF ILLINOIS
t�cov� Io� xFiRs�/i� � s Maria 1. Omorl, Notary Public
My commission expires 9-17-03
CERTIFICATION
I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists
Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the
attached Power of Attorney dated Octoberl2, 2001 on behalf of the person(s) as listed above is a true and correct
copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the
date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as
Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice
President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the
American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed-my name and affixed the corporate seal of the Lumbermens
Mutual Casualty Company, theAmerican Motorists Insurance Company, an the American Manufacturers Mutual
Insurance Company on this 5th day of JUNE , 20 0
"L Ink
l S It1;St+ tuRtoRur '> s u+u�.+nGlt 5' J"M
uorsetnxal•� CiiAl w ? tOR18R►TlGX
uM(u V.! $Y
John K. nw ay, Corporate retary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
Home Office: Long Grove, IL 60049
FK 09 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A.
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do
hereby appoint
Paul C. Hughes , Patricia M. White and Kenneth D. Buller of IRVINE, CA (EACH)
their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall
continue to be valid and binding upon the Company."
FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A.
CONTRA COSTA Cc Recorder Office ;?03
STEPHEN L, WEIR Clerk-Recorder
Recorded at the request of: pOH,,,— 2@ -0322714-0►0
Contra Costa County
Hoard of Supervisors Wsdnosd*y,, SEP 11, 2W2 13:54:51
Return to: FRE
; $e.ee
Public Works Department
Engineering Services Division Ttl Pd $0,00 ttrRVA0d L
09
Records Section 1 r C f R9/1-1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 10, 2002 by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/536
SUBJECT: Declaring a certain road as a county road(Nome Avenue),Richmond Heights area.
(District I)
BE IT RESOLVED that None Avenue the hereinafter described road, as shown and
dedicated for public use on the final map of East Richmond Heights Tract No.2 filed February 21,
1911,in:Book 4 of maps at page 90,Official Records of Contra Costa County,State of California,is
ACCEPTED and DECLARED to be County Road.
Road Name Road-R/W Widths Road No. SYSTEM Lenn {Mile
Nome Avenue 25'-40' 1065AZ Minor Urban 0.03mile
KD.c,v;sppp
G:\GrpData\Engsvc\Bt312002\9-10-02\Nome Ba-45.doc I hereby certify that this is a true and correct copy of an action
Originator: Public worm(Es) taken and entered on the minutes of the Board of Supervisors on
Contact: Rich Lierly(313-2348) the date shown.
cc: Public Works—Accounting
R.Dahl,Engineering services
R.Bruno,ConsSeptember 10, 2002
Construction Div. ATTESTED:
J'Florin,M&T Lab
H.Finch,Maintenance Div. JOHN SWEETEN,Clerk of the Board of supervisors and County
-
I.Bergeron,Mapping Div. Administrator
Recorder(via Clerk),then PW Engineering services
Sheriff-Patrol Div.Couunander
01P,c/o Al
CSAR—Cartog By Deputy
RESOLUTION NO.Mop 5 3 6